BIOCRAFT LABORATORIES, INC. v. USM CORPORATION


163 N.J. Super. 570 (1978)

395 A.2d 521

BIOCRAFT LABORATORIES, INC., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. USM CORPORATION, A CORPORATION DOING BUSINESS IN THE STATE OF NEW JERSEY, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 17, 1978.


Attorney(s) appearing for the Case

Mr. Steven Kaplan argued the cause for appellant (Messrs. Franzblau, Falkin & DiMarzio, attorneys).

Mr. James F. Keegan argued the cause for respondent (Pitney, Hardin & Kipp, attorneys; Mr. Keegan and Mr. Robert J. Schoenberg on the brief).

Before Judges ALLCORN, SEIDMAN and BOTTER.


The opinion of the court was delivered by BOTTER, J.A.D.

Plaintiff purchased a capsule filling machine from defendant which was delivered on or about April 10, 1972. On September 8, 1976 it filed this action against defendant for breach of contract and breach of warranty, seeking damages and rescission of the contract. Defendant affirmatively pleaded the defense that the UCC four-year statute of limitations, N.J.S.A. 12A:2-725, had run and moved for summary...

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